H.B. 110

This document includes House Committee Amendments incorporated into the bill on Tue, Jan 23, 2007 at 4:02 PM by jeyring. --> 1

STATE FLEET EFFICIENCY REQUIREMENTS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Fred R. Hunsaker
5 Senate Sponsor: Scott K. Jenkins
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Division of Fleet Operations and Administration of State Motor
10 Vehicles chapter to amended provisions related to the purchase and management of
11 state vehicles and reporting of state agency vehicle fleet efficiency.
12 Highlighted Provisions:
13 This bill:
14 . requires the H. [ executive director of the Department of Administrative Services ]
14a director of the Division of Fleet Operations .H to
15 make rules establishing standards and procedures for purchasing economically
16 appropriate vehicles for the purposes and driving conditions for which they will be
17 used, including procedures for granting exceptions H. by the executive director of the
17a Department of Administrative Services .H ;
18 . requires the division to conduct an annual market analysis of proposed rates and
19 fees;
20 . requires the division to establish a standard vehicle size and type for replacement
21 and fleet expansion vehicles;
22 . requires agencies to file written requests and justifications for obtaining a
23 nonstandard vehicle size or type;
24 . requires the Division of Fleet Operations to develop and coordinate the
25 implementation of a statewide vehicle fleet cost efficiency plan to ensure continuing
26 progress toward statewide overall cost reduction in government vehicle costs;
27 . provides for the content of the cost efficiency plan;

28 . requires state agencies to develop, implement, and submit agency vehicle fleet cost
29 efficiency plans to the division;
30 . requires state agencies that own or lease vehicles to include their vehicle fleet cost
31 efficiency plans and standard cost measures with their annual reports submitted to
32 the division; and
33 . makes technical changes.
34 Monies Appropriated in this Bill:
35 None
36 Other Special Clauses:
37 None
38 Utah Code Sections Affected:
39 AMENDS:
40 63A-9-401, as last amended by Chapter 34, Laws of Utah 2004
41 63A-9-402, as enacted by Chapter 334, Laws of Utah 1996
42 ENACTS:
43 63A-9-401.5, Utah Code Annotated 1953
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 63A-9-401 is amended to read:
47 63A-9-401. Division -- Duties.
48 (1) The division shall:
49 (a) perform all administrative duties and functions related to management of state
50 vehicles;
51 (b) coordinate all purchases of state vehicles;
52 (c) establish one or more fleet automation and information systems for state vehicles;
53 (d) make rules establishing requirements for:
54 (i) maintenance operations for state vehicles;
55 (ii) use requirements for state vehicles;
56 (iii) fleet safety and loss prevention programs;
57 (iv) preventative maintenance programs;
58 (v) procurement of state vehicles, including:

59 (A) vehicle standards[,];
60 (B) alternative fuel vehicle requirements[,];
61 (C) short-term lease programs[,];
62 (D) equipment installation[,]; and
63 (E) warranty recovery programs;
64 (vi) fuel management programs;
65 (vii) cost management programs;
66 (viii) business and personal use practices, including commute standards;
67 (ix) cost recovery and billing procedures;
68 (x) disposal of state vehicles;
69 (xi) reassignment of state vehicles and reallocation of vehicles throughout the fleet;
70 (xii) standard use and rate structures for state vehicles; and
71 (xiii) insurance and risk management requirements;
72 (e) establish a parts inventory;
73 (f) create and administer a fuel dispensing services program that meets the
74 requirements of Subsection (2);
75 (g) emphasize customer service when dealing with agencies and agency employees;
76 (h) conduct an annual audit of all state vehicles for compliance with division
77 requirements;
78 (i) before charging a rate, fee, or other amount to an executive branch agency, or to a
79 subscriber of services other than an executive branch agency:
80 (i) submit the proposed rates, fees, and cost analysis to the Rate Committee established
81 in Section 63A-1-114 ; and
82 (ii) obtain the approval of the Legislature as required by Section 63-38-3.5 ; and
83 (j) conduct [a] an annual market analysis [by July 1, 2005, and periodically thereafter,]
84 of proposed rates and fees, which analysis shall include a comparison of the division's rates and
85 fees with the fees of other public or private sector providers where comparable services and
86 rates are reasonably available.
87 (2) The division shall operate a fuel dispensing services program in a manner that:
88 (a) reduces the risk of environmental damage and subsequent liability for leaks
89 involving state-owned underground storage tanks;

90 (b) eliminates fuel site duplication and reduces overall costs associated with fuel
91 dispensing;
92 (c) provides efficient fuel management and efficient and accurate accounting of
93 fuel-related expenses;
94 (d) where practicable, privatizes portions of the state's fuel dispensing system;
95 (e) provides central planning for fuel contingencies;
96 (f) establishes fuel dispensing sites that meet geographical distribution needs and that
97 reflect usage patterns;
98 (g) where practicable, uses alternative sources of energy; and
99 (h) provides safe, accessible fuel supplies in an emergency.
100 (3) The division shall:
101 (a) ensure that the state and each of its agencies comply with state and federal law and
102 state and federal rules and regulations governing underground storage tanks;
103 (b) coordinate the installation of new state-owned underground storage tanks and the
104 upgrading or retrofitting of existing underground storage tanks; and
105 (c) ensure that counties, municipalities, school districts, and special districts
106 subscribing to services provided by the division sign a contract that:
107 (i) establishes the duties and responsibilities of the parties;
108 (ii) establishes the cost for the services; and
109 (iii) defines the liability of the parties.
110 (4) (a) [The] In accordance with Title 63, Chapter 46a, Utah Administrative
111 Rulemaking Act, the H. [ executive director of the Department of Administrative Services ] director
111a of the Division of Fleet Operations .H :
112 (i) may make rules governing fuel dispensing [according to the procedures and
113 requirements of Title 63, Chapter 46a, Utah Administrative Rulemaking Act.]; and
114 (ii) shall make rules establishing standards and procedures for purchasing the most
115 economically appropriate size and type of vehicle for the purposes and driving conditions for
116 which the vehicle will be used H. , .H including procedures for granting exceptions
116a H. to the standards .H by the executive
117 director H. [ or ] of .H the Department of Administrative Services.
118 (b) Rules made under Subsection (4)(a)(ii):
119 (i) shall designate a standard vehicle size and type that shall be designated as the
120 statewide standard vehicle for fleet expansion and vehicle replacement;

121 (ii) may designate different standard vehicle size and types based on defined categories
122 of vehicle use;
123 (iii) may, when determining a standard vehicle size and type for a specific category of
124 vehicle use, consider the following factors affecting the vehicle class:
125 (A) size requirements;
126 (B) economic savings;
127 (C) fuel efficiency;
128 (D) driving and use requirements;
129 (E) safety;
130 (F) maintenance requirements; and
131 (G) resale value; and
132 (iv) shall require agencies that request a vehicle size and type that is different from the
133 standard vehicle size and type to:
134 (A) submit a written request for a nonstandard vehicle to the division that contains the
135 following:
136 (I) the make and model of the vehicle requested, including acceptable alternate vehicle
137 makes and models as applicable;
138 (II) the reasons justifying the need for a nonstandard vehicle size or type;
139 (III) the date of the request; and
140 (IV) the name and signature of the person making the request; and
141 (B) obtain the division's written approval for the nonstandard vehicle.
142 (5) (a) (i) Each state agency and each higher education institution shall subscribe to the
143 fuel dispensing services provided by the division.
144 (ii) A state agency may not provide or subscribe to any other fuel dispensing services,
145 systems, or products other than those provided by the division.
146 (b) Counties, municipalities, school districts, special districts, and federal agencies may
147 subscribe to the fuel dispensing services provided by the division if:
148 (i) the county or municipal legislative body, the school district, or the special district
149 board recommends that the county, municipality, school district, or special district subscribe to
150 the fuel dispensing services of the division; and
151 (ii) the division approves participation in the program by that government unit.

152 (6) The director, with the approval of the executive director, may delegate functions to
153 institutions of higher education, by contract or other means authorized by law, if:
154 (a) the agency or institution of higher education has requested the authority;
155 (b) in the judgment of the director, the state agency or institution has the necessary
156 resources and skills to perform the delegated responsibilities; and
157 (c) the delegation of authority is in the best interest of the state and the function
158 delegated is accomplished according to provisions contained in law or rule.
159 Section 2. Section 63A-9-401.5 is enacted to read:
160 63A-9-401.5. Vehicle fleet cost efficiency plans -- Requirements -- Contents --
161 Submission by agencies.
162 (1) The division shall develop and coordinate the implementation of a statewide
163 vehicle fleet cost efficiency plan to ensure continuing progress toward statewide overall cost
164 reduction in government vehicle costs. The plan shall include:
165 (a) goals for vehicle fleet cost efficiency;
166 (b) a summary of agency submitted plans, statistics, and progress;
167 (c) standard measures of cost including:
168 (i) vehicle cost per mile;
169 (ii) total vehicles;
170 (iii) total fuel used; and
171 (iv) miles per gallon of fuel;
172 (d) goals for purchasing the most economically appropriate size and type of vehicle for
173 the purposes and driving conditions for which the vehicle will be used;
174 (e) cost reduction measures which may include:
175 (i) reducing vehicle engine idle time;
176 (ii) driving fewer miles;
177 (iii) using car pools when possible;
178 (iv) avoiding rush hour traffic;
179 (v) reducing aggressive driving;
180 (vi) providing proper preventive maintenance including properly inflated tires; and
181 (vii) purchasing from state fuel sites and using the lowest octane fuel needed for the
182 altitude;

183 (f) reducing inventories of underutilized vehicles; and
184 (g) education to inform drivers of their accountability on implementing cost reduction
185 measures.
186 (2) The division shall assist agencies to develop and implement their own plans in
187 accordance with this part.
188 (3) Each agency that owns or leases vehicles shall develop, implement, and submit to
189 the division under Section 63A-9-402 , a vehicle fleet cost efficiency plan for their agency in
190 accordance with the provisions under Subsection (1). The plan shall include agency goals and
191 statistics, and a report of agency progress.
192 Section 3. Section 63A-9-402 is amended to read:
193 63A-9-402. State-owned vehicle report -- Contents.
194 (1) On or before October 1 of each year, each agency that owns or leases vehicles shall
195 submit a report to the division that contains at least the following information:
196 (a) a description of each vehicle owned or leased by that agency, including the license
197 number, year, make, and model of the vehicle; [and]
198 (b) the person and administrative unit within the agency to whom each vehicle is
199 assigned[.]; and
200 (c) a vehicle fleet cost efficiency plan in accordance with the provisions of Section
201 63A-9-401.5 .
202 (2) (a) On or before November 1 of each calendar year, the director of the division
203 shall submit a state-owned vehicle report to the governor and to the legislative fiscal analyst.
204 (b) The report shall contain a summary of vehicles owned or leased by each state
205 agency including:
206 (i) a description of each vehicle owned or leased by each agency; [and]
207 (ii) the person or administrative unit within the agency to whom each vehicle is
208 assigned[.]; and
209 (iii) standard measures of cost for the previous year, for each vehicle, including:
210 (A) vehicle cost per mile;
211 (B) total vehicles;
212 (C) total fuel used; and
213 (D) miles per gallon of fuel.

214 (3) The legislative fiscal analyst shall submit the information from the state-owned
215 vehicle report about each agency's state-owned vehicles to the legislative appropriation
216 subcommittee that has jurisdiction over that agency.
217 (4) (a) Vehicles used in official investigative work where secrecy is essential are
218 exempt from the requirements of this section.
219 (b) The report to the governor and legislative fiscal analyst shall include the total
220 number of state vehicles used in official investigative work where secrecy is essential that are
221 not otherwise accounted for in the report.




Legislative Review Note
as of 1-10-07 10:57 AM

Office of Legislative Research and General Counsel